81 FR 36468 - Special Local Regulation for Marine Events; James River, Midlothian, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range		36468-36470
FR Document		2016-13413

The Coast Guard will establish a special local regulation during the VBC Sprints Regatta event on the James River. The event consists of a series of crew rowing and sculling races to be held on the waters of the James River, near Robious Landing Park in Midlothian, Virginia. This regulated area will restrict vessel traffic and is necessary to provide for the safety of life on the navigable waters during the event.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016)

[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36468-36470]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13413]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0355]
RIN 1625-AA08


Special Local Regulation for Marine Events; James River, 
Midlothian, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a special local regulation 
during the VBC Sprints Regatta event on the James River. The event 
consists of a series of crew rowing and sculling races to be held on 
the waters of the James River, near Robious Landing Park in Midlothian, 
Virginia. This regulated area will restrict vessel traffic and is 
necessary to provide for the safety of life on the navigable waters 
during the event.

DATES: This rule is effective from 8:30 a.m. through 6 p.m. on June 18, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0355 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email 
hamptonroadswaterway@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because information about the Regatta on June 
18, 2016 not received in sufficient time to permit publication of an 
NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the need for 
immediate action, the restriction on vessel traffic is necessary to 
protect life, property and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
regulated area's intended objectives of protecting persons and vessels, 
and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this special local regulation under 
authority in 33 U.S.C. 1233. The Coast Guard is establishing a 
temporary special local regulation on specified waters of the James 
River near Robious Landing Park in Midlothian, Virginia. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the regulated area during the VBC Sprints 
Regatta.

IV. Discussion of the Rule

    The Captain of the Port Hampton Roads is establishing special local 
regulation on the specified waters of the James River bound by the 
following coordinates: 37[deg]33'35.193'' N. 077[deg]38'51.6156'' W.; 
thence to 37[deg]33'33.7608'' N./077[deg]38'51.1044'' W.; thence to 
37[deg]33'33.75'' N./077[deg]38'8.88'' W.; thence to 
37[deg]33'36.0174'' N./077[deg]38'8.8008'' W. (NAD 1983), in the 
vicinity of Robious Landing Park in Midlothian, VA. This regulated area 
still allows for navigation on the waterway. This regulated area will 
be enforced from 8:30 a.m. to 6 p.m. on June 18, 2016. Except for 
participants and vessels authorized by the Captain of the Port or his 
Representative, no person or vessel may enter or remain in the 
regulated area.

[[Page 36469]]

    The Captain of the Port will utilize various methods, including 
those listed in 33 CFR 165.7, provide notice to the affected segments 
of the public of the regulated area and restrictions. This includes 
publication in the Local Notice to Mariners Broadcast and Marine 
Information Broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the regulated area. Vessel 
traffic will be able to safely transit around this regulated area which 
will impact a small designated area of the James River in Midlothian, 
VA for less than one day and in an area where vessel traffic is 
normally low. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the regulated area and the 
rule allows vessels to seek permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the instruction. This rule involves implementation of regulations 
within 33 CFR part 100 that apply to organized marine events on the 
navigable waters of the United States that may have potential for 
negative impact on the safety or other interest of waterway users and 
shore side activities in the event area. The category of water 
activities includes but is not limited to sail boat regattas, boat 
parades, power boat racing, swimming events, crew racing, and sail 
board racing.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

[[Page 36470]]

PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T05-0355 to read as follows:


Sec.  100.35T05-0355  James River, Midlothian, VA.

    (a) Definitions: For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port. 
Participants mean individuals and vessels involved in the rowing and 
sculling races of the VBC Sprints Regatta.
    (b) Location. The regulated area is established for the waters for 
the James River near the Robious Landing Park within the areas bounded 
by coordinates 37[deg]33'35.193'' N./077[deg]38'51.6156'' W.; thence to 
37[deg]33'33.7608'' N./077[deg]38'51.1044'' W.; thence to 
37[deg]33'33.75'' N./077[deg]38'8.88'' W.; thence to 
37[deg]33'36.0174'' N./077[deg]38'8.8008'' W. (NAD 1983) in Midlothian, 
VA.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing special local regulations in Sec.  100.35 
of this part.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (3) All vessels underway within this regulated area at the time it 
is implemented are to depart the area immediately, unless they are 
participants.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555.
    (5) The Coast Guard and designated security vessels enforcing the 
regulated area can be contacted on VHF-FM marine band radio channel 13 
(165.65Mhz) and channel 16 (156.8 Mhz).
    (6) This section does not apply to participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the regulated area by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 6 p.m. on June 18, 2016.

    Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-13413 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations 36469

The Captain of the Port will utilize reasons stated in section V.A above, this contact the person listed in the FOR
various methods, including those listed rule will not have a significant FURTHER INFORMATION CONTACT section
in 33 CFR 165.7, provide notice to the economic impact on any vessel owner above.
affected segments of the public of the or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
regulated area and restrictions. This
includes publication in the Local Notice Business Regulatory Enforcement The Unfunded Mandates Reform Act
to Mariners Broadcast and Marine Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
Information Broadcasts. we want to assist small entities in Federal agencies to assess the effects of
understanding this rule. If the rule their discretionary regulatory actions. In
V. Regulatory Analyses would affect your small business, particular, the Act addresses actions
We developed this rule after organization, or governmental that may result in the expenditure by a
considering numerous statutes and jurisdiction and you have questions State, local, or tribal government, in the
executive orders related to rulemaking. concerning its provisions or options for aggregate, or by the private sector of
Below we summarize our analyses compliance, please contact the person $100,000,000 (adjusted for inflation) or
based on a number of these statutes and listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Executive Orders and we discuss First CONTACT section.
will not result in such expenditure, we
Amendment rights of protestors. Small businesses may send comments
do discuss the effects of this rule
on the actions of Federal employees
A. Regulatory Planning and Review elsewhere in this preamble.
who enforce, or otherwise determine
Executive Orders 12866 and 13563 compliance with, Federal regulations to F. Environment
direct agencies to assess the costs and the Small Business and Agriculture
benefits of available regulatory Regulatory Enforcement Ombudsman We have analyzed this rule under
alternatives and, if regulation is and the Regional Small Business Department of Homeland Security
necessary, to select regulatory Regulatory Fairness Boards. The Management Directive 023–01 and
approaches that maximize net benefits. Ombudsman evaluates these actions Commandant Instruction M16475.lD,
Executive Order 13563 emphasizes the annually and rates each agency’s which guide the Coast Guard in
importance of quantifying both costs responsiveness to small business. If you complying with the National
and benefits, of reducing costs, of wish to comment on actions by Environmental Policy Act of 1969 (42
harmonizing rules, and of promoting employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have
flexibility. This rule has not been 888–REG–FAIR (1–888–734–3247). The determined that this action is one of a
designated a ‘‘significant regulatory Coast Guard will not retaliate against category of actions that do not
action,’’ under Executive Order 12866. small entities that question or complain individually or cumulatively have a
Accordingly, it has not been reviewed about this rule or any policy or action significant effect on the human
by the Office of Management and of the Coast Guard. environment. This rule is categorically
Budget. excluded, under figure 2–1, paragraph
This regulatory action determination C. Collection of Information (34)(h), of the instruction. This rule
is based on the size, location, duration, This rule will not call for a new involves implementation of regulations
and time-of-year of the regulated area. collection of information under the within 33 CFR part 100 that apply to
Vessel traffic will be able to safely Paperwork Reduction Act of 1995 (44 organized marine events on the
transit around this regulated area which U.S.C. 3501–3520). navigable waters of the United States
will impact a small designated area of that may have potential for negative
D. Federalism and Indian Tribal impact on the safety or other interest of
the James River in Midlothian, VA for
Governments waterway users and shore side activities
less than one day and in an area where
vessel traffic is normally low. Moreover, A rule has implications for federalism in the event area. The category of water
the Coast Guard will issue Broadcast under Executive Order 13132, activities includes but is not limited to
Notice to Mariners via VHF–FM marine Federalism, if it has a substantial direct sail boat regattas, boat parades, power
channel 16 about the regulated area and effect on the States, on the relationship boat racing, swimming events, crew
the rule allows vessels to seek between the national government and racing, and sail board racing.
permission to enter the regulated area. the States, or on the distribution of
power and responsibilities among the G. Protest Activities
B. Impact on Small Entities various levels of government. We have The Coast Guard respects the First
The Regulatory Flexibility Act of analyzed this rule under that Order and Amendment rights of protesters.
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Protesters are asked to contact the
requires Federal agencies to consider with the fundamental federalism person listed in the FOR FURTHER
the potential impact of regulations on principles and preemption requirements INFORMATION CONTACT section to
small entities during rulemaking. The described in Executive Order 13132. coordinate protest activities so that your
term ‘‘small entities’’ comprises small Also, this rule does not have tribal message can be received without
businesses, not-for-profit organizations implications under Executive Order jeopardizing the safety or security of
that are independently owned and 13175, Consultation and Coordination people, places or vessels.
operated and are not dominant in their with Indian Tribal Governments,
fields, and governmental jurisdictions because it does not have a substantial List of Subjects in 33 CFR Part 100
with populations of less than 50,000. direct effect on one or more Indian
Harbors, Marine safety, Navigation
jstallworth on DSK7TPTVN1PROD with RULES

The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
(water), Reporting and recordkeeping
605(b) that this rule will not have a Federal Government and Indian tribes,
requirements, Security measures, and
significant economic impact on a or on the distribution of power and
Waterways.
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Government and Indian tribes. If you For the reasons discussed in the
vessels intending to transit the regulated believe this rule has implications for preamble, the Coast Guard amends 33
area may be small entities, for the federalism or Indian tribes, please CFR part 100 as follows:

VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

Document Created: 2018-02-08 07:31:55
Document Modified: 2018-02-08 07:31:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8:30 a.m. through 6 p.m. on June 18, 2016.
Contact		If you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email [email protected]
FR Citation		81 FR 36468
RIN Number		1625-AA08
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 36468 - Special Local Regulation for Marine Events; James River, Midlothian, VA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard